We represented Fluke Corporation against false advertising claims filed by a competitor, FLIR Systems, Inc., in a nine-day jury trial at the U.S. District Court of Oregon. Fluke (a subsidiary of Danaher Corporation) is in the business of manufacturing, distributing and servicing electronic test tools and software. Fluke also manufactures and distributes thermal imaging cameras. Fluke was sued by FLIR Systems, Inc., another dealer of thermal imaging cameras, for false advertising in connection with an online drop test video in the commercial handheld thermal imaging camera market. Fluke asserted counterclaims for false advertising and trademark infringement. The jury returned a verdict in 3.5 hours, awarding FLIR $103,000 (the amount suggested by Fluke) and awarding Fluke $4.3 million on its trademark infringement and unfair competition claims. The case is currently in the post-trial briefing phase and the court is considering injunction terms.
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